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About Kevin

Kevin Ewing is a natural resources lawyer who helps clients address challenges in “federal” Washington, D.C. He advises chiefly energy and infrastructure companies pursuing development projects, federal authorizations, or changes in agency policy, or responding to Executive Branch inquiries and enforcement. His clients are often involved in offshore exploration and development, natural gas and liquids pipelines, LNG, power transmission and specialty chemicals. Kevin also advises clients seeking material improvements in incident prevention, collaborating with experts in process safety, organizational change and cognitive science.

An area of special focus is environmental corporate disclosure, including shareholder demands and governmental inquiries (such as under the Martin Act) about climate change and hydraulic fracturing. Kevin also has broad experience representing specialty chemical manufacturers and technology innovators with respect to TSCA compliance, auditing, and enforcement defense.

Experience

Recent Notable Matters

Energy

Statoil Wind U.S. / Empire Wind — federal leasing and permitting for major wind development project offshore New York

Halliburton Energy Services, Inc. / Macondo — federal government investigations concerning the Macondo well control incident

Oilfield services and E&P companies — post-Macondo federal policy and regulatory developments affecting energy development; permitting and financial assurance requirements; liability and enforcement; federal land policies; and the requirements of NEPA and species protection

LNG developer and operator — federal safety requirements and governmental inspections for developing and operating LNG assets

Midstream energy companies — compliance support concerning pipeline safety, Presidential and other federal permitting,  jurisdictional issues for offshore and onshore gathering and transmission pipelines, and regulatory support in A&D

Project Development

Energy companies operating offshore — development risk analysis associated with numerous proposed and operating offshore and nearshore energy facilities in the Northeastern U.S., Mid-Atlantic, and Gulf of Mexico

Multiple LNG projects (import and export) — environmental aspects of LNG storage, regasification, and liquefaction projects, including siting, permit strategy, environmental impact assessment, and applications to the Federal Energy Regulatory Commission

Offshore LNG facility — defense of the Deepwater Port Act license (Gulf Restoration Network v. U.S. Department of Transportation, 452 F.3d 362 (5th Cir. 2006)

Pipeline developers and anchor shippers — permitting, environmental impact assessment, FERC environmental requirements and related litigation for inter- and intra-state natural gas and as appropriate for liquids pipelines

Urban developer — NEPA litigation defending against challenges to approvals by the Army Corps of Engineers and National Park Service for community redevelopment projects in southwestern Michigan

Corporate Disclosures

Publicly-traded energy companies — mandatory and voluntary disclosure to shareholders concerning environmental matters under Regulation S-K, and response to shareholder proxy proposals on environmental issues

Publicly-traded energy company — defense of Martin Act investigation concerning shareholder disclosure relating to climate change

Publicly-traded energy company — defense of Martin Act investigation concerning shareholder disclosure relating to hydraulic fracturing

Compliance Management and Enforcement

International chemical company — defense of a multimedia, federal-state criminal investigation under the Clean Water Act

Publicly-traded multinational company — redesign of the client's global environmental auditing system

Chemical import companies — compliance under the Toxic Substances Control Act (TSCA) and federal pesticide laws (FIFRA), including the direction of companywide TSCA audits, and related regulatory compliance and policy analysis strategies, PMNs, SNUR/SNUNs, exemptions, nanotech approvals, pesticide labeling, and defense of civil enforcement proceedings

Publications and Speeches

Keynote Speaker, 10th IFI Operational Risk Management Forum, May 31, 2017

Co-author, "Pipeline Protest: The New Playbook," Pipeline & Gas Journal, May 2017.

Panelist, "Identifying and Assessing Emerging Risks," Western Reliability Summit, May 3, 2017.

Speaker, “Lessons in Risk Management Learned From Major Accidents,” April 27, 2017Co-author, "Analysis Of PHMSA's Proposal To Revise Volatility Regs For Crude Oil," Midstream Business, February 1, 2017.

"Protests, Policies, and Regulations — Impact on Pipeline Development," Platts Pipeline Development and Expansion Conference, Houston, September 29, 2016.

"Wyoming Federal Judge Sides with States Industry, Strikes Down BLM Hydraulic Fracturing Rule," Oil & Gas Financial Journal, July 15, 2016.

"Climate Disclosure - Trends and Drivers," The American Gas Association's 2016 Legal Forum, Asheville, NC, July 11, 2016.

"Getting New Oil and Gas Production to Market - Regulation and Legal Challenges to Infrastructure Development," Association of Corporate Counsel South/Central Texas Chapter's Oil & Gas Law Lunch and Learn, San Antonio, April 28, 2016.

"What to Expect in the Event of an Oil Spill or Other Significant Offshore Incident or Catastrophe," The Rocky Mountain Mineral Law Foundation's Special Institute on Federal Offshore Regulatory Enforcement, Houston, January 21, 2016.

"Pipelines and Marine Transport — Moving North American Gas and LNG," Platts 14th Annual Liquefied Natural Gas Conference, Houston, February 26, 2015.

"Three Mile Island, Chernobyl, Fukushima: Lessons Learned and Being Learned," Annual Conference of the International Bar Association, Tokyo, October 19, 2014.

"A Review and Discussion on Hydraulic Fracturing and the Regulation of Hydraulic Fracturing," Institute for Energy Law 65th Annual Oil & Gas Law Conference, Houston, February 19, 2014.

"Major Incident and Crisis Management - Strategies for Response in the Public Eye," Bracewell Oil & Gas Regulatory Symposium, Houston, TX, October 9, 2013.

Instructor, "Developing Oil & Gas in the Gulf of Mexico: A Perspective from Washington," intensive semi-annual legal training for a large international energy company (2011, 2012, 2013).

"Pipeline Opposition - New Strategies Being Used to Slow and Stop Projects," Platts 8th Annual Pipeline Development & Expansion Conference, Houston, TX, September 18, 2013.

"Oil on Troubled Waters?" One Caribbean - One Response, Port of Spain, Trinidad, September 13, 2012.

"A New Era: A New Gulf," 2012 KPMG Global Energy Conference, Houston, TX, May 17, 2012.

Credentials

Education

University of Heidelberg,
Master of Law
1993
Georgetown University Law Center,
J.D.
1991
Yale University,
Bachelor of Arts
1988
cum laude

Bar Admissions

District of Columbia
Maryland

Languages

German

Affiliations

Women’s Council on Energy and the Environment
Past Chair, Advisory Council
Washington Institute of Foreign Affairs
AmericaSpeaks
Former Member, Board of Directors
Decatur House of the National Trust for Historic Preservation
Former Member, Board of Directors

News

News

The case against Big Oil

June 12, 2016
Houston Chronicle Online/chron.com

Are Big Oil lawsuits echoing the ones against Big Tobacco?

June 11, 2016
San Francisco Chronicle Online

Expansive new mitigation requirements

January 12, 2016
Oil & Gas Financial Journal

FWS plan could have negative impact on development projects

April 1, 2013
Oil & Gas Financial Journal - Online

Nations meet to keep Caribbean clean amid oil quest

September 11, 2012
Houston Chronicle - Washington Bureau

Environmental groups sue over Shell offshore plan

June 10, 2011
Houston Chronicle Online/chron.com

Noteworthy

Noteworthy

Chambers USA
District of Columbia Environment, 2017
The Legal 500 United States
Energy Regulatory: Oil and Gas, 2017; Environment: Litigation, 2017; Energy: Regulatory, 2016
ALM Media Properties
National Law Journal
ALM Media Properties, LLC, National Law Journal, Energy & Environmental Trailblazer, 2017
Women’s Council on Energy and the Environment
Champion Award

Events